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Agmt20 ImageTrend
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Agmt20 ImageTrend
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Last modified
8/13/2020 2:21:53 PM
Creation date
8/13/2020 2:08:42 PM
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Template:
Agreement
Contractor Name
ImageTrend
PROJECT NAME
Master Software and Services Agreement FD Records Management System
RMP File Number
304
Date
7/20/2020
MO Ref
20-107
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EXHIBIT "D" - INSURANCE REQUIREMENTS <br />1. ImageTrend shall obtain and maintain for the duration of the Agreement and any <br />and all amendments, insurance against claims for injuries to persons or damage to <br />property which may arise out of or in connection with performance of the Services by <br />ImageTrend or ImageTrend's agents, representatives, employees or subcontractors. The <br />insurance carrier is required to maintain an A.M. Best rating of not less than "A -:VII". <br />1.1 Coverages and Limits. ImageTrend, at its sole expense, shall maintain the types <br />of coverages and minimum limits indicated below, unless otherwise approved by City in <br />writing. These minimum amounts of coverage will not constitute any limitations or cap on <br />ImageTrend's indemnification obligations under this Agreement. <br />1.1.1 Commercial General Liability Insurance. ImageTrend shall maintain occurrence <br />based coverage with limits not less than $2,000,000 per occurrence. If the submitted <br />policies contain aggregate limits, such limits will apply separately to the Services, project, <br />or location that is the subject of this Agreement or the aggregate will be twice the required <br />per occurrence limit. The Commercial General Liability insurance policy shall be <br />endorsed to name the City, its officers, agents, employees and volunteers as additional <br />insureds, and to state that the insurance will be primary and not contribute with any <br />insurance or self-insurance maintained by the City. <br />1.1.2 Business Automobile Liability Insurance. ImageTrend shall maintain coverage <br />with limits not less than $1,000,000 per each accident for owned, hired and non -owned <br />automobiles. <br />1.1.3 Workers' Compensation and Employer's Liability Insurance. ImageTrend shall <br />maintain coverage as required by the California Labor Code and Employer's Liability limits <br />with limits not less than $1,000,000 per each accident for bodily injury or disease. The <br />Worker's Compensation policy shall contain an endorsement stating that the insurer <br />waives any right to subrogation against the City, its officers, agents, employees, and <br />volunteers. <br />1.1.5 Professional Liability Insurance. ImageTrend shall maintain coverage with limits <br />not less than $1,000,000 per occurrence. Professional Liability may be written as claims - <br />made coverage. <br />1.1.6 Cyber Liability Insurance Vendor must carry Cyber Liability Insurance with limits not <br />less than $1,000,000 per claim. Coverage shall be sufficiently broad to respond to the <br />duties and obligations as is undertaken by Vendor in this agreement and shall include, <br />but not be limited to, claims involving infringement of Intellectual Property, including but <br />not limited to infringement of copyright, trademark, trade dress, invasion of privacy <br />violations, information theft, damage to or destruction of electronic information, release of <br />private information, alteration of electronic information, extortion and network security. <br />The policy shall provide coverage for breach response costs as well as regulatory fines <br />and penalties, as well as credit monitoring expenses with limits sufficient to respond to <br />REV: 06-15-2020 PR <br />ATTY/AGR.2020.099/1magTrend, Inc. (Page 31 of 32) <br />
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